Crinion v Davidson [2018] NSWLEC 1664

Crinion v Davidson [2018] NSWLEC 1664

While roots from the tree caused damage to the applicant's granny flat wall, the applicant did not seek compensation and the roots have been severed, preventing likely future damage. Remaining claims for tile damage, debris, and apprehended injury are not sufficient to warrant removal or further orders under the guiding legal principles; thus, the application is dismissed.

Parties
Applicant: Keith Patrick Crinion; Respondent: Len Davidson
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Tree Dispute (damage/apprehended Injury) / Principal Judgment Final Orders
Outcome
Application dismissed
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Apprehension of Injury
Environmental Law Property Law Trees (disputes Between Neighbours) Damage to Property Apprehension of Injury

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Parties

Keith Patrick Crinion

Applicant

Len Davidson

Respondent

Procedural Posture

Tree Dispute (damage/apprehended Injury) / Principal Judgment Final Orders

Legal Issues

  1. 1 Whether the tree on the respondent's property caused, is causing, or is likely to cause damage to applicant's property or injury to persons within the meaning of s 7 of the Trees (Disputes Between Neighbours) Act 2006
  2. 2 Whether the applicant is entitled to orders for removal of the tree or other remedies under the Act

Ratio Decidendi

While roots from the tree caused damage to the applicant's granny flat wall, the applicant did not seek compensation and the roots have been severed, preventing likely future damage. Remaining claims for tile damage, debris, and apprehended injury are not sufficient to warrant removal or further orders under the guiding legal principles; thus, the application is dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.